SAN FRANCISCO – The board of trustees for labor union funds have filed a suit to allow it to do an audit of a California employer.
The board of trustees, in their capacities as trustees of the Laborers Health and Welfare Trust Fund for Northern California; Laborers Vacation-Holiday Trust Fund for Northern California; Laborers Pension Trust Fund for Northern California; and Laborers Training and Retraining Trust Fund for Northern California filed a complaint on Aug. 26 in the U.S. District Court for the Northern District of California against Premier Builders Inc. alleging violation of the Employee Retirement Income Security Act and the Labor Management Relations Act.
According to the complaint, the plaintiffs allege that they have requested to do an audit of the defendant's books and that the defendant has not allowed it to do so. The plaintiffs holds Premier Builders Inc. responsible because the defendant allegedly failed, neglected or refused to allow the audit as per its bargaining agreement with the plaintiffs.
The plaintiffs seek submit to a full audit by auditors selected by the trust fund, actual damages, order the defendant to pay over to plaintiff's sums upon the completion of audit plus interest, all legal fees and any other relief as this court deems just. They are represented by Barry E. Hinkle, Concepcion E. Lozana-Batista and Tracy L. Mainguy of Weinberg, Roger & Rosenfeld in Alameda.
U.S. District Court for the Northern District of California Case number 3:16-cv-04925